Returning the deposit: How late is too late?

JanScott

Hi all, I moved out of a rented apartment on September 25, but the agency that manages the property has yet to confirm when the deposit will be return and they've replied to every email I sent them with, "That's up to the landlord, we're so sorry." They've refused to give me a timeframe or any way to contact the landlord directly.

I left the apartment in a spotless condition (documented with photo/video evidence), all accounts were closed and proofs of closure sent to the agency. They have literally no cause for complaint and it's been almost 2 months.

Is it time to complain to the RTB?

quadrifoglio verde

In this case definitely.
I'd say anything longer than 7 working days is too long.
If a landlord can't fully inspect a property and write a cheque within 7 working days, then they're incompetent in my opinion. In the current market they should have new tenants got within 7 working days anyway

Contact the rtb and initiate proceedings. If the landlord hasn't registered with them, you can still initiate proceedings with the rtb.
I'd stop contact with the letting agents. They protect the landlords interests, not yours and will continue to fob you off

rat catcher

:eek: as above get on to the rtb straight away!! Good luck!

JanScott

Thanks. Do you reckon I should at least give them one last notice and inform them I'll address the RTB if not paid or given a deadline within X days? Also, when I do make the complaint, should it be in the agency's name/address? I have no idea who the landlord actually is.

Oh also, the agency did inspect the property on the day I moved out, they filled their little checklist that everything is in good condition and everything.

quadrifoglio verde

JanScott wrote: »

Thanks. Do you reckon I should at least give them one last notice and inform them I'll address the RTB if not paid or given a deadline within X days? Also, when I do make the complaint, should it be in the agency's name/address? I have no idea who the landlord actually is.

Oh also, the agency did inspect the property on the day I moved out, they filled their little checklist that everything is in good condition and everything.

I wouldn't, you no longer have any dealings with the current agency and have no need to maintain a good relationship with them. All they will do is fob you off longer.

Get in touch with the rtb they will direct you as to how best to proceed

April 73

Get straight on to the RTB. That's a disgraceful length of time to wait.

rat catcher

Don't waste anymore time get straight on to RTB and let them deal with it. You have waited far too long!

beauf

I would open a case with the PRTB. I think they should be penalized for not returning your deposit. At this point I would keep going with that even if they return the deposit.

Marcusm

JanScott wrote: »

Hi all, I moved out of a rented apartment on September 25, but the agency that manages the property has yet to confirm when the deposit will be return and they've replied to every email I sent them with, "That's up to the landlord, we're so sorry." They've refused to give me a timeframe or any way to contact the landlord directly.

I left the apartment in a spotless condition (documented with photo/video evidence), all accounts were closed and proofs of closure sent to the agency. They have literally no cause for complaint and it's been almost 2 months.

Is it time to complain to the RTB?

That's a complete pisstake especially as the property has undoubtedly been occupied since shortly after you departed. Simply open up a case with RTB and also lodge a complaint with PRSA. It is simply unacceptable for a "professional" agency to allow matters to drag on so long. If no issues have been raised with you at this stage, I would be astonished if the RTB was willing to countenance any withholding at this stage (but at the same time I could easily be surprised).

newacc2015

OP my suggestion is email them with your account details telling you want the money wired within 5 working days or you are going to the RTB. I wouldn't just fire off a letter to the RTB, as they can be slow to deal with cases. Try to resolve it without them. I know it has failed so far, but a threat of the RTB might resolve it

El_Duderino 09

JanScott wrote:

Thanks. Do you reckon I should at least give them one last notice and inform them I'll address the RTB if not paid or given a deadline within X days? Also, when I do make the complaint, should it be in the agency's name/address? I have no idea who the landlord actually is.

No harm to set a deadline of 1 week for example. Tell them that if the money isn't in you account by this day next week, you're going to lodge the complaint.

It can't hurt to let them know you're serious and give them a chance to rectify the situation. If they're just chancing their arm it might not be worth the hassle of going through RTB and it might make them get the finger out.

beauf

El_Duderino 09 wrote: »

No harm to set a deadline of 1 week for example.....

I think after almost 2 months that ship has sailed.

Time to ditch the carrot and use the stick.

El_Duderino 09

beauf wrote:

Time to ditch the carrot and use the stick.

What carrot? Asking for your money back isn't a carrot.

It's a normal courtacy to tell someone before escalating the situation.

The landlord returning the money within the week to avoid the hassle of TRB, is the carrot. Failing that, use the stick by lodging the complaint.

beauf

The carrot is not going to the PRTB where he will be fined. In this case he needs to be fined. The Tenant gets the deposit back regardless.

pilly

As far as I know there are standard letters on RTB website that you can use to send to the LL/Agency saying that you have allowed a reasonable amount of time, blah blah. 2 months is totally unreasonable. If you do want to maintain a good relationship with the agency let them know what you're going to do and just say that you have no other option, you need the money.

gaius c

beauf wrote: »

I think after almost 2 months that ship has sailed.

Time to ditch the carrot and use the stick.

No. PRTB will look for a "final notice" being made. Inform them they've a week before you submit it.

Don't contact the agency further. There is a possibility that they are not being honest here and I've seen agents deduct from deposits without informing the landlord, I.e. into their own pockets.

JanScott

Thanks everyone who replied.
After going through the advice in this thread I sent them one notice and gave them a one-week deadline (5 working days). I also asked the agency to forward the message to the landlord. They claim to have forwarded my previous messages about the deposit to the landlord, but I've yet to hear back from the landlord.

If they fail to reply and send the money (which I sadly think they will) I'll follow up with the RTB. My one concern though is that I don't have the landlord's details (name and address), just the agency's. Despite repeated requests the agency didn't give me this information. I know there is a "management company" for the property but every time I tried to call those numbers it went to the answering machine.

Has anyone been in a situation where they didn't have the landlord's contact information, only the agency?

pilly

JanScott wrote: »

Thanks everyone who replied.
After going through the advice in this thread I sent them one notice and gave them a one-week deadline (5 working days). I also asked the agency to forward the message to the landlord. They claim to have forwarded my previous messages about the deposit to the landlord, but I've yet to hear back from the landlord.

If they fail to reply and send the money (which I sadly think they will) I'll follow up with the RTB. My one concern though is that I don't have the landlord's details (name and address), just the agency's. Despite repeated requests the agency didn't give me this information. I know there is a "management company" for the property but every time I tried to call those numbers it went to the answering machine.

Has anyone been in a situation where they didn't have the landlord's contact information, only the agency?

I haven't been in that situation but I'd imagine they would be obliged to provide the PRTB with the details in any case. Just give the PRTB the agency details and explain that they refuse to give you the LL's details.

conf101

JanScott wrote: »

Thanks everyone who replied.
After going through the advice in this thread I sent them one notice and gave them a one-week deadline (5 working days). I also asked the agency to forward the message to the landlord. They claim to have forwarded my previous messages about the deposit to the landlord, but I've yet to hear back from the landlord.

If they fail to reply and send the money (which I sadly think they will) I'll follow up with the RTB. My one concern though is that I don't have the landlord's details (name and address), just the agency's. Despite repeated requests the agency didn't give me this information. I know there is a "management company" for the property but every time I tried to call those numbers it went to the answering machine.

Has anyone been in a situation where they didn't have the landlord's contact information, only the agency?

If I were you I'd get onto the PRTB now anyway to start proceedings. As has already been pointed out, the process can be slow, no point wasting any more time.

If the letting agency returns the money you can easily stop the proceedings. But, at this stage, it seems unlikely that they will so I'd give yourself a 5 day headstart with the PRTB.

JanScott

Predictably, the deadline came and went and there's no deposit in my bank account, so the RTB it is. Funnily enough I found another complaint against the landlord for illegally holding a deposit. Seems I'm not the first victim. Oh well, here we go.

Michael D Not Higgins

JanScott wrote: »

Predictably, the deadline came and went and there's no deposit in my bank account, so the RTB it is. Funnily enough I found another complaint against the landlord for illegally holding a deposit. Seems I'm not the first victim. Oh well, here we go.

How did that one turn out? If he has a record it will bolster your case.

JanScott

Michael D Not Higgins wrote: »

JanScott wrote: »

Predictably, the deadline came and went and there's no deposit in my bank account, so the RTB it is. Funnily enough I found another complaint against the landlord for illegally holding a deposit. Seems I'm not the first victim. Oh well, here we go.

How did that one turn out? If he has a record it will bolster your case.

The RTB ruled that the landlord has to return the deposit they were illegally withholding (minus last month's rent which the tenants had not paid) and also fined the landlord an additional 200 for it. That's a good idea actually, I'll quote this case in my complaint. Thanks Michael

spaceHopper

I would not go to the RTB first, I'd go to the property agents professional body. As you've found RTB adjudications are public and published, do you want your next LL looking up your name, if he as a choice of two tenants and your name pops up he's always pick the other. I know I'll get slated for saying it but it's true.

If you paid your rent and deposit to the agency I'd go after them they are collecting the money and probably have your deposit, or access to it. If you do go to the RTB it's take the agency to the RTB, the LL clearly doesn't care but they won't want their name on the RTB books.

Michael D Not Higgins

spaceHopper wrote: »

I would not go to the RTB first, I'd go to the property agents professional body. As you've found RTB adjudications are public and published, do you want your next LL looking up your name, if he as a choice of two tenants and your name pops up he's always pick the other. I know I'll get slated for saying it but it's true.

If you paid your rent and deposit to the agency I'd go after them they are collecting the money and probably have your deposit, or access to it. If you do go to the RTB it's take the agency to the RTB, the LL clearly doesn't care but they won't want their name on the RTB books.

The agent is not responsible for the deposit, the landlord is. Even if the agent collected the deposit in the first place, and even if they still have it, they can't release it without the landlord's say so.